Before attorney Mark Bobrowski finished presenting developer Ken Steen’s case for a revision of water-metering practices at Marion Village Estates, he told the Marion Zoning Board of Appeals that a vote to consider the revision a “substantial” change would motivate Steen’s next-day appeal to the state Housing Appeals Committee.
“That’s how we intend to process that. It’s only fair that you know that. I usually play my cards faceup in matters such as this,” Bobrowski told the board.
One adjective carried a lot of weight at the ZBA’s December 23 meeting, where the board heeded the advice of Town Counsel Jon Witten and voted 5-0 to consider the revision a substantial change.
The result of the vote is that a decision on the petition will be rendered only after a public hearing, complete with the bells and whistles of consecutive weeks of legal advertising in The Wanderer, the customary notification to property abutters and the opportunity for the applicant to appeal the board’s decision.
At issue for the town is the significance of potential revenue lost by allowing the change; therefore, the ZBA voted to consider Steen’s plan to replace six water meters serving 10 units each with 60 meters (one for each unit) a substantial change. The ZBA needed three votes and got all five.
Bobrowski stated that the new metering practice should be considered insubstantial because it would make no impact on the use of water or the generation of sewage. “It’s just going to be metered differently. We’re simply asking you, look at the regulation, apply the regulation,” he said.
The crux of his argument is based in the history of Marion Village Estates, which was built before the town’s tiering of water rates affected the setup. According to applicant, water at the development was meant to be metered according to the bottom price tier (Tier 1,) but in 2013, the technicality of the metering setup categorized Village Estates in Tier 3, the town’s most expensive rate.
“If we knew at that time that the town was going to move the goalposts – that is what they’ve done,” said Steen, “we would have applied for the 60 meters at that time.” He also insisted that a 60-meter setup we would have been granted, “No question about it.”
For the last eight years, Bobrowski said 40 percent of the project’s maintenance budget goes to paying water rates. He said that with an “insubstantial” consideration, the management company could then put money into areas besides paying the water bill.
When it was said that the town is not going to like what the development is going to look like as a result of a rejection, ZBA member Margie Baldwin jumped in and said that “threats from the developer are totally unacceptable” and that the ZBA is not going “to be pushed around.”
Consulted for a date on the public hearing, Bobrowski told the board it doesn’t matter because the state-level appeal will be heard first. Nonetheless, the ZBA scheduled the public hearing for Thursday, January 20. Bobrowski said he has a previously scheduled meeting that night and will not attend the ZBA.
Shawn Batcheley, an abutter at 13 Fieldstone Lane in the Sippican Woods development, used the opportunity for public comment to launch a public complaint at Steen for what Batcheley termed “an exit strategy” that he said leaves the development’s homeowners without a snow-removal service and other promised maintenance.
Due to dead ends in the configuration, the town does not wish to adopt Fieldstone Lane as a public way.
After five signal interruptions via the Zoom link, ZBA Chairperson Cynthia Callow allowed Batcheley to resume his prepared statement.
Stating that the homeowners are under the threat of a lawsuit for noncompliance but given short notice under the duress of the holidays, Batcheley appealed to the town for some sort of help. Town Administrator Jay McGrail acknowledged the plea and invited the homeowners to attend a Select Board meeting but noted it is not possible to meet again until Tuesday, January 4. At the suggestion of Select Board member Randy Parker, the homeowners will be included as an action item on the January 4 Select Board agenda.
Witten said the only advice he could give in light of his position representing the town is that the homeowners need to hire an attorney.
Callow advised Batcheley that his concerns over a retention pond can be brought to the attention of the town’s Conservation Commission, which would respond to the request to make a site visit.
The long-anticipated presentation of Steen’s Heron Cove project was heard earlier and got off to a more amicable if abbreviated start.
In Case 775, the applicant is seeking a Comprehensive Permit under the Limited Initiative Program (LIP) for a 40B affordable-housing development and this time has increased the plan from 96 to 120 units, according to Bobrowski.
The attorney explained that a couple of parcels have been added to the site and will be reflected in the new package going out to ZBA members. Bobrowski confirmed that engineer Phil Cordeiro of Lakeville-based Allen and Major will be once again working with traffic consultant McMahon Associates.
Since Witten was still waiting on a Project Eligibility Letter from the state Department of Housing and Community Development (DHCD,) steps were taken to get peer-review consultants in place. To that end, Steen agreed to deposit $10,000 into a 53G account that the town will establish as a starting point for the peer-review compensation.
“It’s not perfect, but it does move the ball forward,” said Witten. “Everything will be ready to go in January or whenever the board schedules the hearing.”
After January 27 was targeted as a potential date for a full presentation, board administrator Anne Marie Tobia said a full agenda is already scheduled. It was agreed the Heron Cove presentation will be streamlined to accommodate the busy agenda and at the same time get the peer reviewers started on their work.
ZBA member Dana Nilson reminded Callow that he and other members were not on the board when Heron Cove was last presented (and withdrawn for revision) but was assured that the new package includes the revisions for this new application and will bring the new ZBA members fully up to speed.
The ZBA voted to continue Heron Cove to Thursday, January 27, at 6:45 pm.
Callow announced that Building Commissioner Scott Shippey is leaving Marion after many years to work for the Town of Foxboro. The chairperson said that Shippey has been a pleasure to work with and wished him well.
The next meeting of the Marion ZBA is scheduled for Thursday, January 13, at 6:30 pm. The Marion Village Estates public hearing will be held on January 20, and the continued public hearing for a Comprehensive Permit for the Heron Cove development will be part of a full agenda on January 27.
Marion Zoning Board of Appeals
By Mick Colageo
Let’s finish one project at a time, take care of the folks at Sippican woods 40b project, Mr. Steen is pulling out of that project, with no communication to homeowners, never collected how fees, told folks of 40b homes, town will take over road, not true. He asking the homeowners to pay 37 1/2 percent for roads etc. I believe the Marion housing authority should look into this all important matter, before allowing more 40b homes to be built, don’t set these young families for failure in Marion, MA please help this development out!!